Month: March 2024

In 2021, the Ontario Superior Court released the monumental decision, Klinck v Dorsay, which held that medical examinations involving genetic testing may be ordered in private civil actions. This decision was made in a medical malpractice lawsuit and raised much controversy due to the intrusiveness of this order, and the privacy concerns that this poses for Canadians.

The Court held that it would be unfair to deprive the parties from acquiring evidence that may assist in their defence. In other words, it would be unfair for the Court to deprive the Defence from evidence that may assist in their defence as genetic tests can provide information that is relevant to the claim. The request to allow the Court to order genetic testing was deemed to be warranted, legitimate and in the best interest of the most just and expeditious result. However, a defendant’s right to genetic testing is not infinite as the Plaintiff’s genetics must be a significant issue and the case and must be properly raised.

In this episode, Bobbie and Jodie discuss and break down this development, considering the policy implications of this decision. While genetic testing can provide certainty in establishing causation and allow for a full defence to be made, there are serious privacy concerns with the courts intervening so deeply in one’s life. Genetic testing is incredibly intrusive and can result in an individual uncovering information about themselves that they wish to not have known. Join our hosts in a discussion on the balancing of fairness to the Court and a right to individual privacy.

Bobbie Alvernaz & Jodie Koniuch – Producers, Hosts, Editors

Music: Music I Use: Bensound.com/free-music-for-videos
License code: IOFYF3HMR31ULQE8

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast:

Klinck v. Dorsay, 2021 ONSC 6285

Benoit v Banfield, 2012 BCSC 26

Adacsi v Amin, 2013 ABCA 315

Preece v Nicholson et al., 2019 PESC 34

Courts of Justice Act, R.S.O. 1990, c. C.43

Rules of Civil Procedure, R.R.O. 1990, Reg. 194

Bernise Caralino, Ontario court orders genetic testing in obstetrical malpractice action despite privacy concerns (October 2021), online: The Canadian Lawyer https://www.canadianlawyermag.com/practice-areas/medical-malpractice/ontario-court-orders-genetic-testing-in-obstetrical-malpractice-action-despite-privacy-concerns/360990

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As the world’s attention continues to turn to the climate change crisis, innovative legal methods of environmental protection are beginning to emerge in response. This episode of Pro Bono Radio, hosted by Queen’s Law student Maeve McNaughton, focuses on two developing methods: environmental personhood and ecocide.

Environmental personhood, which grants legal rights to environmental structures, is being seen with increasing frequency in Canada and countries around the world. Meanwhile, the widespread destruction of ecosystems, dubbed “ecocide,” is proposed as the fifth international crime to be recognized by the ICC. Both of these methods of legally enforcing environmental protection have their pros and cons.

Professor Darryl Robinson has published work examining the proposed crime of ecocide and the possible difficulties of its implementation. He is a member of Stop Ecocide International and took part in UCLA’s Promise Institute project to create a proposed definition for ecocide. Professor Robinson joins us to discuss these methods and his research on protecting the environment through international and domestic law.

Maeve McNaughton- Producer, Host, Editor

Music: Music track: Option by Aylex
Source: https://freetouse.com/music

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast:

Heller, Kevin Jon. “Skeptical thoughts on the proposed crime of ‘Ecocide’ (that isn’t)”, (28 June 2021), online: Opinio Juris <https://opiniojuris.org/2021/06/23/skeptical-thoughts-on-the-proposed-crime-of-ecocide-that-isnt/>.

Gordon, G. J. (2019). Environmental Personhood. Columbia Journal of Environmental Law, 43(1). https://doi.org/10.7916/cjel.v43i1.3742

Darryl Robinson, Ecocide — Puzzles and Possibilities, Journal of International Criminal Justice, Volume 20, Issue 2, May 2022, Pages 313–347, https://doi.org/10.1093/jicj/mqac021

Robinson, Darryl. “Your guide to ecocide: Part 1”, (21 July 2021), online: Opinio Juris <http://opiniojuris.org/2021/07/16/your-guide-to-ecocide-part-1/>.  

“First Nations Quebec-Labrador resolution declaring legal personhood of the St. Lawrence River”, (2 December 2023), online: Eco Jurisprudence Monitor <https://ecojurisprudence.org/initiatives/first-nations-resolution-recognizing-the-rights-of-the-st-lawrence-river/>.

“Quebec River granted legal rights as part of Global ‘personhood’ movement | CBC News”, (28 February 2021), online: CBCnews <https://www.cbc.ca/news/canada/montreal/magpie-river-quebec-canada-personhood-1.5931067>.

Government of Canada, Department of Justice. “The United Nations declaration on the rights of indigenous peoples”, (21 June 2023), online: Resolution adopted by the General Assembly on 13 September 2007<https://www.justice.gc.ca/eng/declaration/decl_doc.html>.

“Legal definition and commentary 2021”, online: Ecocide Law <https://ecocidelaw.com/legal-definition-and-commentary-2021/>.

Environmental crimes: Deal on new offences and reinforced sanctions: News: European parliament. Environmental crimes: deal on new offences and reinforced sanctions | News | European Parliament. (n.d.). https://www.europarl.europa.eu/news/en/press-room/20230929IPR06108/environmental-crimes-deal-on-new-offences-and-reinforced-sanctions

Times, T. B. (n.d.). Belgium becomes first in EU to recognise ecocide as international crime. The Brussels Times. https://www.brusselstimes.com/belgium/937229/belgium-becomes-first-in-eu-to-recognise-ecocide-as-international-crime-tbtb

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Following a long history of social debate and discourse, Parliament legalized recreational cannabis across Canada on October 17th, 2018. Among the goals of this act was to put a halt to the illicit cannabis market while providing a safe supply for those who choose to smoke, and to protect the youth of Canada by limiting their access to cannabis. However, the restrictions laid out in the Cannabis Act make it difficult for it’s stated purposes to be carried out. If we want to put an end to the cannabis black market, while concurrently protecting Canadian youth, some changes may need to come to the legal Cannabis field.

In this episode, we discuss with our esteemed guests, lawyers Lewis Retik and Matt Maurer, the hurdles that cannabis businesses must overcome, and ponder changes that can be made in the Cannabis field that will aid in the goals of the Cannabis Act to be realized. Our first guest, Lewis Retik, co-leads the Cannabis group at Gowling WLG’s Ottawa office. He often works with his clients to develop marketing strategies as well as packaging and advertising designs that are both consumer-friendly and compliant with the law. Our second guest, Matt Maurer, is the chair of Torkin Manes LLP’s Cannabis group. He advises his clients on practical business and regulatory advice to counsel a wide range of cannabis industry stakeholders. Such as, licensed producers, people applying to be producers, startups, and foreign businesses looking to enter the Canadian market. 

Quin Myles and Julian Shivprasad– Producers, Hosts, Editors

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast:

Canada, Health Canada, About the Process: Cannabis Security Clearances https://www.canada.ca/en/health-canada/services/cannabis-regulations-licensed-producers/security-clearances/process.html#a1

Canada, Health Canada, Cannabis Act Legislative Review, 22 September 2022. https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/cannabis-act-legislative-review.html

Canada, Health Canada, Legislative Review of the Cannabis Act: What We Heard Report, 10 October 2023 https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/cannabis-act-legislative-review/expert-panel/legislative-review-cannabis-act-report.html

Canada, Public Safety Canada, Cannabis Black Market
https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20200930/026/index-en.aspx

Cannabis Act, SC 2018, c. 16.

CBC, Cannabis Law Review to Explore How Legalization Is Going, 2022. https://www.youtube.com/watch?v=Z6Y3tvy52IE

CBC, Feds to review Canada’s cannabis legislation after a year delay, 2022.
https://www.youtube.com/watch?v=RKBd3xzM5MQ&ab_channel=CBCNews

CBC, Push to Loosen Rules on Canadian cannabis sales, THC limits, 2023.
https://www.youtube.com/watch?v=GJB_FK8VRig&ab_channel=CBCNews%3ATheNational

Jeremy de Beer & Alyssa Gaffen, “Intellectual Property Rights in the Recreational Cannabis Market: Craft or Comoddity? (2017) 50:3 UBC LR 621

Ranjeev Dhillon, Rami Chalabi & Matthew Sanders, “Cannabis” in McCarthy Tetrault, Doing Business in Canada (2023)

Rob Matthews, Samantha Greer & Francois Desmarais, “Cannabis Debt Financing: Current Market Snapshot and Considerations for Lenders, Investors, and Underwriters” Baker McKenzie Leveraged Finance Newsletter (December 2019)

Nick Noonan, “High Time for a Change: Combatting the Black Market for Cannabis in Canada” (2021) 44:3 Manitoba LJ 257

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Medical Assistance in Dying (MAID) has been the subject of much controversy, especially in the last few years, and it continues to generate great debate today. The service, which permits doctors and other medical practitioners to facilitate the deaths of consenting patients who are suffering from intolerable illness, was first decriminalized by the Carter v Canada decision in 2016. Since then, expansions for MAID have been proposed and implemented that widen the group of people who can access the service. What at first was perceived to be an effort to reduce the suffering of those persons who would opt to die rather than to continue living with an untreatable illness that causes them terrible pain, has since changed to include other types of patients for whom death may not even be foreseeable.

In this episode, we discuss another proposed expansion to MAID suggested by Bill C-39, which seeks to expand MAID availability to people suffering solely from mental illness. Joining us here at Pro Bono Radio is our esteemed and experienced guest, Mr. Julius Grey. Mr. Grey is a leading Constitutional and human rights lawyer in Canada and has appeared before the Supreme Court of Canada over 50 different times. He has vocally opposed the expansion of MAID to people suffering solely from mental illness and strongly believes that section 7 of the Charter, which guarantees the right to life of the person, should be protected with respect to MAID except only in the most necessary of circumstances.

Arjun Kapil – Producer, Host, Editor

Music: Royalty Free Music: Bensound.com/royalty-free-music
License code: JUFZOF0KAIBEJAON

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in Podcast:
Carter v Canada (AG), 2015 SCC 5

Truchon v. Procureur général du Canada, [2019] Q.J. No. 7750

Bill C-39: An Act to amend An Act to amend the Criminal Code (medical assistance in dying). (2023). Online: Department of Justice Canada. https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c39.html

Bill C-7: An Act to amend the Criminal Code (medical assistance in dying). (2020). Online: Department of Justice Canada. https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c7.html

Medical assistance in dying: Overview. (2023). Online: Department of Justice Canada. https://www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html

Ryan Tanner, “An ethical-legal analysis of medical assistance in dying for those with mental illness.” (2018) 56:1 Alta L Rev 149 – 175.

Madeleine Archer et al, “What Domains of Belgian Euthanasia Practice are Governed and by Which Sources of Regulation: A Scoping Review” (2023) OMEGA – J Death and Dying, 0(0). https://doi.org/10.1177/00302228231221839

Marc De Hert et al, “Improving control over euthanasia of persons with psychiatric illness: Lessons from the first Belgian criminal court case concerning euthanasia.” (2020) Front Psychiatry 13:933748. https://doi.org/10.3389/fpsyt.2022.933748

Caroline Favron-Godbout & Eric Racine, “Medical assistance in dying for people living with mental disorders: a qualitative thematic review.” (2023) 24 BMC Med Ethics 86. https://doi.org/10.1186/s12910-023-00971-4

Diana Young, (2022) “Biopower, juridical power and the afterlife of rights: Medical assistance in dying and the Supreme Court of Canada.” (2022) 26:1 Theoretical Criminology 112-131. https://doi.org/10.1177/1362480620928329

Anna Farrow, “Lawyer to Challenge MAiD for Mentallty Ill”, (22 November, 2023), online: https://www.catholicregister.org/item/36153-lawyer-to-challenge-maid-for-mentally-ill

Masih Khalatbari, “Surge in medically assisted deaths under Canada’s MAID program outpaces every other country”, Toronto Star (27 January, 2024), online: https://www.thestar.com/news/investigations/surge-in-medically-assisted-deaths-under-canada-s-maid-program-outpaces-every-other-country/article_29028f96-bc6b-11ee-8f67-03bf29ac7d34.html

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This episode explores the topic of children’s voices in the family law system. The common law has evolved tremendously when it comes to children’s rights. From children being treated as chattels to a focus on the protection of children’s best interests, it seems as though rights for children have come a long way, and it continues to evolve to this day. Raquel Medeiros takes on the discussion on the way children are heard, the duties of lawyers, and the perspective of children in family cases to evaluate the benefits and limitations of this evolving topic. 

Producer, Host, and Editor: Raquel Medeiros 

Music: https://app.soundstripe.com/songs/16762

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

Michelle Fernando, “Family Law Proceedings and the Child’s Right to Be Heard in Australia, The United Kingdom, New Zealand, and Canada” (2014) 52:1 Family Court Review: An Interdisciplinary Journal (USA) pp. 46-59, Available at SSRN: https://ssrn.com/abstract=2627500

Nicholas Bala and Rachel Birnbaum, “Rethinking the Role of Lawyers for Children: Child Representation in Canadian Family Relationship Cases” (2018) 59  Les Cahiers de Droit 787-829, Queen’s University Legal Research Paper No.2018-103, Available at SSRN: https://ssrn.com/abstract=3342335

Nicholas Bala and Patrina Hebert, “Views, Perspectives and Experiences of Children in Family Cases” (2016) Queen’s University Legal Research Paper No. 082, Available at SSRN: https://ssrn.com/abstract=2887623

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In this episode of Queen’s Law Pro Bono Radio, we delve into the evolution of British Columbia’s drug possession laws. Our host, Herleen Sharma, takes us on a compelling exploration of how British Columbia has spearheaded groundbreaking changes in response to the opioid crisis, a crisis that has left a profound impact on communities across the province.

Through insightful analysis and scholarly perspective, we unravel the complexities of British Columbia’s efforts towards drug decriminalization. From the origins of the opioid crisis to the practical implications of policy changes, we navigate through the legal, social, and political dimensions of this pressing issue. Join us as we embark on a journey to understand the nuances of drug decriminalization in British Columbia, exploring the intersection of law, public health, and social justice. Don’t miss this enlightening discussion that aims to inform and inspire action towards a more compassionate and equitable approach to drug policy.

Herleen Sharma – Producer, Host, Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

BC Gov News (2016) Provincial health officer declares public health emergency. Available at: https://news.gov.bc.ca/releases/2016HLTH0026-000568

Understanding the Epidemic (2023) Understanding the opioid overdose epidemic. Available at: https://www.cdc.gov/opioids/basics/epidemic.html

Hetter, K. (2023) What makes fentanyl so dangerous and how can people prevent overdoses? our expert explains, CNN. Available at: https://www.cnn.com/2023/03/23/health/fentanyl-heroin-opioids-naloxone-wellness/index.html

Overdose & drug poisoning data (2023) BC Emergency Health Services. Available at: http://www.bcehs.ca/about/accountability/data/overdose-drug-poisoning-data#Trends

“Power Bi Report.” Power BI. https://app.powerbi.com/view?r=eyJrIjoiY2ZkZTgxODAtMmE5Mi00MzNjLTlkNDYtMjRhNjU4Nzk2NGZmIiwidCI6IjZmZGI1MjAwLTNkMGQtNGE4YS1iMDM2LWQzNjg1ZTM1OWFkYyJ9

Engagement, Government Communications and Public Engagement. Decriminalizing People Who Use Drugs in B.C. Province of British Columbia, September 15, 2023. https://www2.gov.bc.ca/gov/content/overdose/decriminalization

Jesseman, Rebecca, and Doris Payer. Publication. Decriminalization: Options and Evidence, June 2018. https://www.ccsa.ca/sites/default/files/2019-04/CCSA-Decriminalization-Controlled-Substances-Policy-Brief-2018-en.pdf

McSheffrey, Elizabeth. “It’s Been More than 6 Months of Drug Decriminalization in B.C. What’s Changed?” Global News, September 8, 2023.https://globalnews.ca/news/9924506/drug-decriminalization-six-months-bc/

Vance, Emily. “B.C. Introduces Bill to Ban Illicit Drug Use in Many Public Spaces.” CBC News, October 4, 2023. https://www.cbc.ca/news/canada/british-columbia/bc-drug-use-changes-1.6987330

Xavier, Chloe, Lisa Liu, Heather Burgess, O Kara Loewen, Brooke Kinniburgh, and Alexis Crabtree. Rep. Baseline Decriminalization Findings from the 2022 Harm Reduction Client Survey: Interactions with Law Enforcement, September 14, 2023. http://www.bccdc.ca/resource-gallery/Documents/Statistics%20and%20Research/Statistics%20and%20Reports/Overdose/KnowledgeUpdate_Police_Interaction.pdf

Weichel, Andrew. “B.C.’s Prescribed Safer Drug Supply Saved Lives, Landmark Study Finds.” CTV News Vancouver, January 11, 2024. https://bc.ctvnews.ca/b-c-s-prescribed-safer-drug-supply-saved-lives-landmark-study-finds-1.6722703

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Tattoos are a creative process, sometimes collaborative but ultimately require skill and creativity. Many are original works of art created by tattoo artists for the bearer. The right to expression is a protected right held by all Canadians. Tattoos are becoming more and more accepted as a form of self-expression, accepted socially and professionally. Artists have a copyright interest in the work they create. With the amount of detail and artistry that is involved with tattooing; tattoos are both an art and a form of personal expression. 

These conflicting interests have the potential to produce some interesting legal questions. There have already been instances of celebrity civil suits regarding the use of tattoos in public facing ways. Canadian courts have not yet been faced with this issue. However foreign courts’ treatment of the question might provide some insight into the direction our courts will lean when deciding these issues. In this episode, Kwame helps us to use the context provided by our southern neighbors to imagine a path forward. 

Kwame Skerritt-Williams– Producer, Host, Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

A Copyright on Tattoos: Where to draw the line? CBA National (2023) https://nationalmagazine.ca/en-ca/articles/law/hot-topics-in-law/2023/a-copyright-on-tattoos#:~:text=So%2C%20who%20owns%20copyright%20in,or%20acquire%20it%20by%20asignment

Canadian Admiral Corporation Ltd. v. Rediffusion Inc., 1954 CanLII 712 (CA EXC), [1954] Ex CR 382

Canada: PART I: Are Tattoos Protected By Copyright?, online: Fasken https://ip.fasken.com/part-i-are-tattoos-protected-by-copyright/?utm_source=mondaq&utm_medium=syndication&utm_term=Intellectual-Property&utm_content=articleoriginal&utm_campaign=article

Copyright Act (R.S.C., 1985, c. C-42)

Fixation on Flesh: Why Tattoos Should Not Garner Copyright Protection (2019) 30:1 NYSBA Entertainment, Arts and Sports Law Journal
https://nysba.org/NYSBA/Publications/Section%20Publications/EASL/Article-EASLJournalSpring2019.pdf

Marie Hadley, ‘Whitmill v Warner Bros. and the Visibility of Cultural Appropriation Claims in Copyright Law’ (2020) 42(4) European Intellectual Property Review, 42(4) pp 223-229 file:///Users/kwameskerritt-williams/Documents/SSRN-id3812828.pdf

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